Does the credit-as-true rule apply to a disability claim?
MultiRegion, United States of America
The following excerpt is from Smith v. Colvin, No. 2:14-cv-0537 AC (E.D. Cal. 2015):
Garrison v. Colvin, 759 F.3d 995, 1020 (9th Cir. 2014). There is "flexibility" built into the rule, however. Specifically, even if all three above factors are satisfied, the court should still remand for further proceedings, rather than for an award of benefits "when, even though all conditions of the credit-as-true rule are satisfied, an evaluation of the record as a whole creates serious doubt that a claimant is, in fact, disabled." Id. at 1021.
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